中国引进著作权延伸性集体管理制度可行性分析-中国引进著作权延伸性集体管理制度可行性分析.docxVIP

华 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract With the digital network era, the way of work creation and distribution is extremely different from traditions. The contradiction between the existence of orphan works and author-unknowing works, which is out of management of CMOs (Collective Management Organizations) and the users request of whole repertoire becomes an big question for copyright management. And nordic experience——extended collective licenses, which has played an successful role in copyright management in the new situations, therefore, attracts much attention of the professors and law makers from different nations. However, once there an suspicion made by two professors that it is an VOLVO or a LEMON? On 31st March, 2012, when Copyright Board announced the draft of the adjusted Copyright Law of the Peoples Republic of China, many suspicions were also brought up. Are right holders respected involuntarily? Whats brought to right holders, users and the publics by Extended Collective Licenses? These questions are necessary to be answered at the first time when law makers decide to transplant the ECLs to China. There are four parts constitutes the whole thesis. The first one makes an introduction of ECLs summarily, including the definition, characteristics and the development of ECLs. And the key differences between each nordic countries are also contained. The following part is to explain the necessity for China to transplant the ECLs from the eyes of right holders, users and the publics. The third part makes an analysis on the present situation of the Collective Management of China, and points out several problems. The last part, therefore, makes some legislative suggestions based on the specificity of China. Key words: Copyright Modification Collective Management Extended Collective Management Balance of Interests PAGE IV PAGE IV 目 录 摘 要 I Abstract II 引 言 1 一 著作权延伸性集体管理制度概述 （一）著作权延伸性集体管理制度的概念 3 （二）著作权延伸性集体管理制度的特点 4 （三）著作权延伸性集体管理制度的产生和发展 11 二 中国引进延伸性集